Ms.+Middleman

Ms. Middleman

=**Ms. Middleman include component="comments" page="Ms. Middleman" limit="10" **=

“How can you represent those people?” is one very familiar question. Another is the question, “What do you do if someone tells you he is guilty?”

In 1967 Justice White made his opinion known when he concurred in the United States Supreme Court case United States v. Wade, 388 U.S. 218 (1967). In his concurrence he articulately outlined the roles of a prosecutor and criminal defense attorney.

**1 United States Supreme Court Justice White Defined the Role of the Prosecutor ** Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. The State has the obligation to present the evidence.  But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. Defense counsel need present nothing, even if he knows what the truth is. He need not furnish any witnesses to the police, or reveal any confidences of his client, or furnish any other information to help the prosecution's case. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be his normal course. Our interest in not convicting the innocent permits counsel to put the State to its proof, to put the State's case in the worst possible light, regardless of what he thinks or knows to be the truth.
 * 2 United States Supreme Court Justice White Defined the Role of the Criminal Defense Attorney **

The 6th Amendment contains 7 specific protections for people accused of crimes. The 6th Amendment reads like this: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." The seven rights listed in the 6th Amendment include:The right to a speedy trialThe right to a public trialThe right to be judged by an impartial juryThe right to be notified of the nature andcircumstances of the alleged crimeThe right to confront witnesses who willtestify against the accusedThe right to find witnesses who will speak infavor of the accused The right to have a lawyer.

=Bryan Sedlack Murder Trial Analysis= = = =Defense claims self-defense in no-body homicide trial**Tuesday, February 10, 2009**By Daniel Malloy, Pittsburgh Post-Gazette= =[]= = =

= = =Testimony begins in murder-with-no-body trial**Monday, February 09, 2009**By Daniel Malloy, Pittsburgh Post-Gazette (p.m. after opening statements)= =[]= = = =**Witness testifies man asked him to help move corpseNo-body homicide trial continuesWednesday, February 11, 2009**By Daniel Malloy, Pittsburgh Post-Gazette= []

Make up assignment: **The Ethics of Justice: Why Criminal Defense Lawyers Defend the Guilty **
 * Witness saw defendant with murder victim's truck**Wednesday, February 11, 2009**By Daniel Malloy, Pittsburgh Post-Gazette**
 * [] **

Read the article. Summarize the article and write your opinion about the the main idea of the article.




 * Richard Poplawski** - Go to the **Post Gazette** and do a search using his name.